We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
Re: Gross Misconduct
In Reply to: Gross Misconduct posted by Evelyn Smith on January 11, 2004 at 09:56:38:
When an employee is terminated for "gross misconduct," the employee, covered spouse and dependent children are not entitled to COBRA benefits because no qualifying event has occurred. COBRA legislation does not define the term "gross misconduct," and courts have not agreed on when it is proper to apply this exception to the COBRA rules. Employers who terminate workers for gross misconduct may run the risk of being sued for wrongfully denying COBRA benefits.
What is the definition of "gross misconduct"?
Although illegal or dangerous acts committed in the workplace are likely to qualify as gross misconduct, the acts need not be criminal or otherwise unlawful in nature. In some instances, even acts that occur away from the workplace have qualified as gross misconduct. A definition widely used by the courts goes something like this: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer's interest. Often, acts that will prompt an employer to terminate an employee are those done in deliberate violation of the employer's known standards. However, those acts may not constitute gross misconduct for COBRA purposes unless they go beyond simple negligence or incompetence.
Terminations for gross misconduct, by their nature, run a high risk of being challenged in the courts. If a terminated employee successfully sues for denial of COBRA benefits and the act for which he was fired is ruled not to be gross misconduct, the employer may be liable for ERISA penalties, IRS taxes, medical expenses, courts costs and attorney's fees.
Agent
: We were told we are not elligable for the Cobra Health Plan due to being fired for Gross Misconduct.
: Would you classify this as Gross Misconduct. A person that worked a 10 day, Stopped back to check out at the place of employment and the boss said that that person needed to stop on his
: way home to do a service call. The person told the boss that he was not the one on call for the week and his plan was not to go directly home.
: That person and his co-worker did stop at the bar after work hours and had two beers. The boss stopped in and asked if they had gone on the service call yet and they said no. When they finished thier beer they did call the customer,
: told him that they had stopped and had two beers and that it was up to him if they should stop to fix the furnace and ask if he still need them to
: stop out to fix the furnace and the guy said yes cause he had no heat and it was zero outside at the time. The following day one of the two guys was fired for Gross Misconduct and the other was not fired and is still employed there.